BOARD DATE:	  25 August 2015

		DOCKET NUMBER:  AR20140021695 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reinstatement in the U.S. Army Reserve (USAR) in pay grade E-4 with no break in service, Reentry Code (RE) Code 1, retirement point credit retroactive to 5 October 2012, and all back pay and allowances.  
 
2.  The applicant states that he was discharged from the USAR for unsatisfactory participation.  He appealed the action to the Army Discharge Review Board (ADRB).  The ADRB upgraded the characterization of his service to honorable, changed the narrative reason for separation to Secretarial Authority, and restored his pay grade (E-4).

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), USAR reduction and discharge orders, and ADRB Case Report and Directive.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USAR, in pay grade E-4, on 7 April 2011 for a period of 6 years with a statutory military service obligation of 8 years.  His enlistment contract included –

* initial active duty for training (IADT) in military occupational specialty (MOS) 92F (Petroleum Supply Specialist)
* Selected Reserve Incentive Program – Enlistment Bonus (EB) for a 
Non-Prior Service (NPS) EB in the amount of $8,000
* Student Loan Repayment Program (SLRP) – Headquarters, Department of the Army, approved for a maximum of $30,000 in loan repayments
* Selected Reserve Montgomery GI Bill (MGIB) – NPS MGIB Kicker $200

2.  A DD Form 214 shows the applicant was ordered to IADT on 9 May 2011, honorably released from IADT on 6 October 2011 based on completion of required active service, and transferred to the 380th Quartermaster Company, Evansville, IN.  He had completed 4 months and 28 days of net active service during this period and 1 month and 2 days of total prior inactive service.  It also shows in –

* item 11 (Primary Specialty):  MOS 92F10
* item 27 (Reentry Code):  "NA" (Not Applicable)

3.  Headquarters, 88th Regional Support Command (RSC), Fort McCoy, WI, Orders 12-270-00018, dated 26 September 2014, paragraphs 1 and 2, respectively, reduced the applicant to private (PV1)/pay grade E-1 on 
26 September 2012 and discharged him from the USAR on 4 October 2012.

4.  A review of the applicant's Official Military Personnel File (OMPF) failed to reveal a copy of his administrative separation packet.

5.  On 19 February 2014, the applicant submitted an application to the ADRB requesting reinstatement in the USAR Individual Ready Reserve (IRR); full back pay from date of discharge to present; removal of any derogatory remarks, comments, evaluations, or other such records of any administrative action which gave rise to his discharge; and restoration to grade E-4.  In the alternative, he requested issuance of a DD Form 214 showing a character of service of honorable and a reentry code of "RE-1."

6.  On 23 July 2014, the ADRB determined that the applicant's discharge under the provisions of Army Regulation (AR) 135-178 (Enlisted Administrative Separations), chapter 13 (Unsatisfactory Participation in the Ready Reserve), for unsatisfactory participation was improper.  The ADRB noted that the applicant's record does not contain any evidence of unauthorized absences or time lost.  The ADRB granted relief in the form of an upgrade of the characterization of his service to honorable, a change to the narrative reason for separation to Secretarial Authority (AR 135-178, chapter 14), and restoration of grade E-4.  The applicant was advised the remaining issues did not fall under the purview of the ADRB and that he could submit an application to the Army Board for Correction of Military Records (ABCMR).


7.  Headquarters, 88th RSC, Fort McCoy, WI, Orders 14-240-00041, dated 
28 August 2014, revoked Headquarters, 88th RSC, Fort McCoy, WI,
Orders 12-270-00018, paragraphs 1 and 2, dated 26 September 2012.

8.  Headquarters, USAR Command, Fort Bragg, NC, Orders 14-240-00027, dated 28 August 2014, honorably discharged the applicant from the USAR, effective 26 September 2012, per ADRB Docket Number AR210140004804, dated 24 July 2014.

9.  An AHRC Form 249-E (Chronological Statement of Retirement Points) shows the applicant's retirement year (RY) beginning date is 7 April (2011).  It also shows the following retirement points –

* RY ending 7 (sic) April 2012 –

* Inactive Duty:  023
* Extension Course:  000
* Membership: 015
* Active Duty:  144
* Total Points:  182

* RY ending 4 October 2012 –

* Inactive Duty:  008
* Extension Course:  000
* Membership: 007
* Active Duty:  000
* Total Points: 015

10.  In the processing of his request, a member of the ABCMR staff contacted the applicant and requested additional information/clarification of his request for reinstatement in the USAR.

   a.  On 5 August 2015, the applicant indicated that he does not desire to be put back into the IRR because he is in the process of enlisting in the Army National Guard (ARNG) for the Officer Candidate School (OCS) 09S option.  He added that he was required to pay back (recoupment of) his bonus in the amount of $2,154.10.  He reiterated his request to have no break in military service with retirement point credit as if he was never discharged.  He also inquired, "Also, what about rank?  I'm sure I would have made it [to] E-5 or E-6 being enlisted."  He added that he is currently a representative for Sherwin-Williams with responsibilities that cover eight stores.

   b.  The applicant provided a copy of a Headquarters, Regional Training Site Maintenance, Fort McCoy, WI, memorandum, dated 30 July 2015, addressed to the National Guard Bureau (ARNG), Arlington, VA, and pertaining to the applicant.  It shows Major J___ S. M___, Commandant, Regional Training Site Maintenance, confirmed that the applicant served as a Soldier under his command in the 380th Quartermaster Company, Evansville, IN, from August 2010 until May 2012.  He stated, "I approved [applicant] to travel to Georgia to participate in ROTC [Reserve Officers Corps Training] and RST [Rescheduled Training] at a local reserve center."  Major M____ concluded that, based on the information presented to the ARBA, it is his belief that the applicant served satisfactorily and should not have been discharged.

   c.  He also provided a copy of a Mississippi ARNG (MSARNG), Headquarters, Recruiting and Retention Battalion, Jackson, MS, Memorandum For Record, dated 19 June 2015, that shows Major R___ D. R____, Officer Strength Manager, noted the applicant has been accepted into the OCS located at Camp Shelby, MS, pending his enlistment in the MSARNG.

11.  AR 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the U.S. Army.  Table 3-1 includes a list of RE codes and shows that RE-1 applies to Soldiers completing their term of active Service who are considered qualified to reenter the U.S. Army (Eligibility:  qualified for enlistment if all other criteria are met).

12.  AR 140-1 (Mission, Organization, and Training) prescribes policy on the USAR mission, its organizations, and training.  Chapter 3 (Training), paragraph 3-10, shows that unit commanders will grant credit for constructive attendance for Soldiers taking part in RST for the scheduled Unit Training Assembly (UTA) or Multiple UTA (MUTA).  Soldiers taking part in equivalent training (ET) in lieu of attending scheduled training assemblies will be considered constructively present at training assemblies. They will be entitled to pay and retirement point credit upon satisfactory performance of duty.

13.  AR 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credits and training for USAR Soldiers.

   a.  Chapter 2 (Crediting and Awarding of Retirement Points), paragraph 2-1 (Criteria for crediting retirement points), in pertinent part, shows the maximum limitations on the number of points which may be credited to a Soldier during a retirement year –
* Membership – 15 points for each year in an active status
* Inactive Duty Training (IDT) – 60 points for IDT and Membership points
* RY – 365 points (366 points during leap year)
   
   b.  Chapter 3 (Records), Table B-1 (Retirement Point Credit – Minimum Required for a Portion of a Year of Qualifying Service for Retirement), shows that over the course of a 365-day retirement year, a Soldier must earn a minimum of 50 retirement points.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he was released from IADT with an RE code of "1," reinstatement in the USAR in pay grade E-4 with no break in service from 4 October 2012, and all back pay and allowances due as a result of the correction.
 
2.  Records show the applicant was honorably released from IADT on 6 October 2011 based on completion of required active service.  The DD Form 214 he was issued shows for his RE code the entry "NA."  The evidence of record shows that "RE-1" applies to Soldiers completing their term of active Service who are considered qualified to reenter the U.S. Army.  Therefore, it would be appropriate to correct item 27 of his DD Form 214 to show "RE-1."

3.  The evidence of record shows the ADRB determined the narrative reason for separation and characterization of the applicant's discharge from the USAR on 
4 October 2012 were improper.

   a.  Orders were issued by Headquarters, USAR Command. Fort Bragg, NC, that directed his honorable discharge effective 26 September 2012 (emphasis added).

   b.  Thus, it would be appropriate to correct the applicant's records by revoking his USAR discharge orders, thereby effecting his reinstatement in the USAR effective 27 September 2012 (with no break in military service), and showing he has had continued active service in the USAR (to the present) with qualifying years for retirement, under the terms of his 7 April 2011 DD Form 4.

4.  There is no evidence of record that shows the applicant was recommended for promotion to grade E-5 during the period 7 April 2011 through 4 October 2012.  There is also insufficient evidence to show he met the qualifications and criteria for promotion to grade E-5.  Thus, the available evidence of record does not support promotion of the applicant to the next higher grade.
5.  Therefore, in view of the foregoing, it would be appropriate to correct the applicant's records, as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x_____  ___x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he served continuously in the U.S. Army Reserve in the enlisted rank of specialist/pay grade E-4 without a break in service since 27 September 2012 to the present by:

   a.  revoking/voiding Headquarters, U.S. Army Reserve Command, Fort Bragg, NC, Orders 14-240-00027, dated 28 August 2014;

   b.  assigning him to the U.S. Army Reserve Control Group (Reinforcement), effective 27 September 2012;

   c.  correcting his AHRC Form 249-E (Chronological Statement of Retirement Points) to show for each of the retirement years (i.e., ending 6 April 2013, 6 April 2014, and 6 April 2015), he was credited with the following points –

* Inactive Duty:  035 (ET – 1 point for each 4-hour rule of IDT at UTAs)
* Extension Course:  000
* Membership:  015
* Active Duty:   000
* Qualifying for Retirement:  01 year, 00 months, 00 days
* Total Points:  050


   d.  further correcting his AHRC Form 249-E to show for the retirement year ending 6 April 2016, he was credited with the following partial points (based on his impending enlistment in the Army National Guard) –

* Inactive Duty:  018 (ET – 1 point for each 4-hour rule of IDT at UTAs)
* Membership:  008

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to his request for promotion.

3.  As a result of this correction, the Defense Finance and Accounting Service shall be notified of the Board's determination and pay the applicant all back pay (i.e., pay and allowances, less any withholdings and/or deductions) due as a result of these corrections.




      _______ _x   _______   ___
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20140021695



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ABCMR Record of Proceedings (cont)                                         AR20140021695



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